Water Governance Benchmarking Criteria

Click on each red number in order to link to the corresponding paragraph. Click again on the red number in order to return to criteria page. Numbers found next to an article or item title correspond to the entire article or item. Numbers found next to document title correspond to the entire document. A. GOVERNANCE FUNCTIONS 1. Organizing and building capacity in the water sector

1.1 Creating and modifying an organizational structure 1.2 Assigning roles and responsibilities 1.3 Setting national water policy 1.4 Establishing linkages among sub-sectors, levels, and national sub-regions 1.5 Establishing linkages with neighboring riparian countries 1.6 Building public and political awareness of water sector issues 1.7 Securing and allocating funding for the sector 1.8 Developing and utilizing well-trained water sector professionals

2. Planning strategically 2.1 Collecting, managing, storing and utilizing water-relevant data 2.2 Projecting future supply and demand for water 2.3 Designing strategies for matching expected long-term water supply an demand and dealing with shortfalls (including drought mitigation strategies) 2.4 Developing planning and management tools to support decision making

3. Allocating water 3.1 Awarding and recording water rights and corollary responsibilities 3.2 Establishing water and water rights transfer mechanisms 3.3 Adjudicating disputes 3.4 Assessing and managing third party impacts of water and water rights transactions

4. Developing and managing water resources 4.1 Constructing public infrastructure and authorizing private infrastructure development 4.2 Forecasting seasonal supply and demand and matching the two 4.3 Operating and maintaining public infrastructure according to established plans and strategic priorities 4.4 Applying incentives and sanctions to achieve long and short term supply/demand matching (including water pricing) 4.5 Forecasting and managing floods and flood impacts

5. Regulating water resources and services 5.1 Issuing and monitoring operating concessions to water service providers 5.2 Enforcing withdrawal limits associated with water rights 5.3 Regulating water quality in waterways, water bodies, and aquifers (including enforcement) 5.4 Protecting aquatic ecosystems 5.5 Monitoring and enforcing water service standards

B. GOVERNANCE PROCESS CHARACTERISTICS 1. Transparency.

2. Participation.

3. Accountability and Integrity.

4. Rule of law.

5. Coherency and Integration.

6. Responsiveness.

C. CROSS CUTTING CATEGORIES 1. Water Sources

1.1 Surface water 1.2 Groundwater 1.3 Derivative water (reclaimed, reused, desalinated)

2. Water Uses 2.1 Irrigation 2.2 Municipal 2.3 Industrial 2.4 Environmental 2.5 Hydropower 2.6 Fisheries, navigation, recreation 2.7 Other uses (including social, esthetic, and religious uses)

JVA Law 30 of 2001

Jordan Valley Development Law

As Amended by the Amended Law No. (30) for Year 2001

Article 1

This law is called (Jordan Valley Development Law for year 1988), and will be enforced upon its issuance date in the Official Gazette.

Article 2

a. The following words and expressions whenever used in this Law shall have the meaning assigned hereunder unless the context indicates otherwise.

Jordan Valley or the Valley: The area specified according with to Par. B of this article. Authority: Jordan Valley Authority established under this Law.

Board of Directors or the Board: Board of Directors of the Jordan Valley Authority.

The Ministry: Ministry of Water and Irrigation. The Minister: Minister of Water and Irrigation. Secretary General: The Secretary General of Authority. Person: Any Jordanian citizen of legal age (21 years old) who has a

sound mind and enjoys his full civil rights. Also any judicial person, municipality, village, governmental department or any body of legal entity.

Land Classification: The official classification described in Volume III of the Master Plan Report of the Yarmouk and Jordan Valley Project of 1955 or any subsequent classification approved by the Authority.

Farm Unit: A plot of land which the Authority designated as one single unit, irrigated from the waters of an irrigation project in the Valley and used for agricultural purposes including livestock raising and fishery.

Housing Plot: A unit of land which lies within the boundary of a town or a village and has had or will have its boundaries determined by the Authority as a single housing unit for the purpose of housing only.

Other Lands: All Valley lands that lies under the jurisdiction of the Authority excluding farm units and housing plots.

Family: All family members living in one household and jointly supported by one head person whether they are his offsprings,

2

descendants or wives including the descendants' wives and any other person whom the individual is legally responsible for managing his affairs and supporting him.

Lessee: The Authority, or any Jordanian natural person, or any Jordanian investment entity according to the approval of the Cabinet of Ministers.

Lessor: Any person or persons in whose name(s) is registered, in accordance with the provision of this law, a piece of land or shares thereof or more than one piece.

Holding: To deal conclusively with land or water or both in accordance with a registration deed.

Holder: 1. The person(s) in whose name(s) the land or water or both

is/are registered in accordance with a registration deed, provided that in case there is more than one person jointly holding a registration deed, the Authority has the right for the purposes of this Law to consider all or any of them as one holder.

2. Lessee of Government lands in accordance with a legal contract the duration of which is not less than three continuous years, on condition that for the purpose of farm unit allotment, the Authority is convinced that he has carried out constructional works, which resulted in a noticeable increase in the annual production of the leased land.

3. The farmer(s) who planted trees in the lands of the person(s) in whose name(s) that land is registered in accordance with a registration deed, if the Authority is convinced that cultivation was done with the written or implied approval of the landowner. In this case the Authority has the right, in the interest of production, to consider the farmer as having replaced the landowner in the share allotted to the farmer under the agreement. In case the trees are jointly owned by the landowner and the farmer, both parties shall be considered as one holder.

4. Lessee or Lessees of land in accordance with a legal contract with a duration exceeding fifteen continuous years.

5. In all the above-mentioned cases, legal settlement between the concerned parties shall be made as decided by the Board. The Board's decision shall be considered final.

Farmer: The Jordanian natural person or Jordanian judicial person who works in agriculture or involved in an agricultural activity in the Valley.

Jordan River Tributary: River and stream whose course joins the Jordan River. Tributary Basin: Watershed area on which the rain failing on it and the springs

issuing in it will naturally flow into the bed of the tributary.

3

Valley Water Resource: Surface and ground waters flowing above the surface of the ground or beneath it within the Jordan Valley and the tributaries basins.

b. The definition (Sub-Lessee) has been cancelled. c. The Valley is constituted from the following:

1. The area between the Northern Frontier of the Hashemite Kingdom of Jordan to the North and the Northern edge of the Dead Sea to the South and the Jordan River to the West until elevation 300 meter above the sea level to the East.

2. The area between the Northern edge of the Dead Sea to the North, and to the Southern Boundary of Qatar village to the South, and to the Western frontier of the Hashemite Kingdom of Jordan to the West, and to elevation 500 meter above sea level to the East.

Article 3

An Authority titled (the Jordan Valley Authority) will be established and shall carry out the social and economical development of the Valley in conjunction with fulfilling the objectives of this law. For this purpose the Authority will be mandated to implement the following in cooperation with any concerned entity:

a. The development of the water resources of the Valley and utilizing them for purposes of irrigated farming, domestic and municipal uses, industry, generating hydroelectric power and other beneficial uses; also their protection and conservation and the carrying out of all the works related to the development, utilization, protection and conservation of these resources, including:

1. The carrying out of studies required for the evaluation of the water resources including hydrological, hydro-geological and geological studies, drilling of exploratory wells and the establishment of observational stations.

2. The planning, design, construction, operation and maintenance of irrigation projects and related structures and works of all types and purposes including dams and related works, hydropower stations and related works, wells, pumping stations, reservoirs and water delivery and distribution networks; also surface and subsurface drainage works, flood protection works, and roads and buildings, needed for operation and maintenance.

3. Soil surveys and classification, and the definition and reclamation of lands suitable for irrigated farming and dividing them into farm units.

4. Settlement of disputes arising from the use of water resources. 5. Organize and direct the construction of private and public wells.

b. The development, protection and improvement of the Environment in the Valley and to perform necessary works to achieve this objective, to implement the preparation of plans both Master and Detailed Plans for the lands outside the planning boundaries of the municipalities. c. The study of agricultural roads networks in the valley, their design, construction and maintenance, and that the authority will continue following up the main roads which were started and have not been completed yet. d. Development of tourism in the Valley, delineation of areas having special features which can be developed for touristic and recreational purposes and the development of these areas and the construction of touristic and recreational facilities on these areas.

4

e.

1. With the exception of irrigation projects and water resources development projects, the Authority shall adopt commercial basis in managing any of the project which it have implemented or is implementing according to instructions issued by the Cabinet of Ministers upon recommendation of the (JVA) Board.

2. The Authority may by a decision of the Cabinet of Ministers upon recommendation from the (JVA) Board, entrust any of the projects it has implemented or implementing or is managing, to any entity from the private sector whether by leasing, management or operation, in accordance with the effective laws and regulations. As for property transfer, irrigation projects and water resources development projects are excluded from such transfer.

Article 4

The Authority shall follow the rules in effect that are binding on ministries, governmental authorities, and official public authorities.

Article 5

It is possible to delegate to the Authority all required responsibilities to implement any of the Valley Development Projects and any related works, whether this project was under the supervision of any other law decree or procedure, fall under the responsibility of any Ministry of the Governmental Department or a public agency or falls within the boundaries of any municipal or village council.

Article 6

It is possible that the authority upon a resolution to be issued by the Cabinet Ministers and recommendation from the (JVA) Board handover any project it has implemented or is implementing, from what falls under its responsibilities according to this law, to any Ministry or Governmental Department or Public Agency or Municipality, that is excluding Water Resources Development Projects and Irrigation Projects in the Valley.

Article 7

The headquarters of the Authority shall be in the Valley, and it will have the right to open branch off-ices in Amman and at any other place within the Kingdom it deems necessary. Until the Authority builds its own offices in the Valley, its headquarters shall be in Amman.

Article 8

a. The Authority shall be composed of:

1. The Minister.

2. The Board of Directors.

3. The Secretary General.

4. Executing Staff and Administrative Units.

5

b. The board is constituted from the Minister as chairman and the following members:

1. The secretary General of JVA as vice chairman.

2. The secretary General of the Water Authority of Jordan.

3. The Secretary General of the Ministry of the Planning.

4. The Secretary General of the Ministry of Agriculture.

5. The Secretary General of the Ministry of Municipal and Rural affairs and Environment.

6. The Secretary General of the Ministry of Tourism.

7. The Director General of the Department of lands and Surveys.

8. The Director General of the Department of the General Budget.

9. The chairman of the Farmers Union.

10. Three members with expertise and specialization, appointed by the Cabinet of Ministers upon the recommendation of the minister for the period of two years, the Cabinet of Ministers may, during this term end the membership of any of them and replace him with another in the same manner.

c. The Board shall meet when called by the Chairman. A quorum shall consist of at least six members, one of who shall be the Chairman, or the Vice-Chairman in the Chairman's absence. Decisions shall be taken by unanimous vote or by the simple majority of the members present. If the votes are equal, the Chairman shall cast the deciding vote. d. The Board may invite any person with expertise to attend its meeting to seek his advice without allowing him right to vote.

Article 9

The (JVA) Board will be in charge with implementing the following duties and responsibilities:

a. To approve the Valley Development Plans and Programs. b. To study the Authority's proposed annual budget. c. Obtain foreign and local loans yet contracting upon with the approval of the Cabinet of Ministers. d. Formulate the Authority’s by laws and regulations and submit them to the cabinet of Ministers. e. Any other issues the Ministers deems appropriate to be submitted to.

Article 10

Whenever necessary, the Minister may call for a joint meeting, under his Chairmanship, of the Board of the Authority and of the Board of Directors formed in accordance with the law of the Water Authority then in effect or any substituted law. The legal quorum of both Boards is necessary. This joint meeting of the Boards shall study all matters presented by the Minister, such as the mutual tasks and duties assigned to both Authorities. The decisions taken shall be by unanimous vote or by simple majority and shall be

6

considered effective under this Law and the Water Authority law then in effect and shall be carried out by both Authorities in accordance with their specialization.

Article 11

The Secretary General shall be the executive manager of the Authority, responsible to the Minister. He shall implement the Authority's policy and plans and administer its affairs.

Article 12

The Secretary General shall be entrusted with the following tasks and responsibilities:

a. Implement the Board's resolutions. b. Prepare and submit to the Board the proposed annual budget and the proposed organizational structure. c. Coordinate the performance of the Authority's projects and maintain efficiency-, cooperation, and harmony between its technical and administrative departments. d. Administer the affairs of the Authority's officials and employees. e. Supervise the Authority's administrative and financial affairs and control its supplies.

f. Any other responsibilities assigned to him according to the provisions of the regulations issued pursuant to this Law. The secretary General may, with the approval of the Minister, delegate any of his responsibilities specified in conformity with this Law, to any employee of the Authority, as dictated by the work requirements in it, provided that this delegation is done in writing and is specific.

Article 13

The Authority shall be considered an autonomous corporate body. It may lease, purchase and acquire movable and immovable properties, may conclude contracts and sue legal cases and prosecute- action in its name. It may appoint the Attorney General to represent it in litigation in which the Authority is involved, or it may appoint its own attorney from within or outside the Authority.

Article 14

The Authority, upon the recommendation of the Minister and with the approval of the Cabinet of Ministers, shall have the right to benefit from donations, revenues, loans, credits and any other local financial, means that may become available for performing its works and projects. The Authority shall also have the right to borrow, through mortgage, sale of financial bonds or any other means, which may become available from the anticipated revenues, for executing any of its projects.

Article 15

a. The Jordan Valley Commission (JVC), the Jordan River Tributaries Regional Corporation (JRTRC), the Natural Resources Authority (NRA) and the Water Supply Corporation (WSC) shall be administratively, financially and legally replaced in the Jordan Valley Authority.

b. All assets of JVC and JRTRC and all the assets and obligations of NRA and WSC in the Valley shall be transferred to the Authority.

7

Article 16

a. The Authority shall implement its works and projects, operate and maintain all its supplies, equipment and vehicles in accordance with the regulations issued by the Cabinet of Ministers for the implementation of the provisions of this Law.

b. Notwithstanding what is stated in this Law or in any other law, the projects, which are totally or partially financed by another party, other than the Government of the Kingdom, shall be implemented in accordance with the agreements concluded for them.

Article 17

a. Expenditures from the Authority's budget shall be made in compliance with financial regulations to be issued in accordance with provisions of this Law.

b. A Special Treasury shall be established for the Authority, and all Authority funds shall be deposited therein. Funds of the Treasury shall be deposited in a special account or accounts at the Central Bank. Money shall be withdrawn from this account or these accounts in the way specified in the financial regulations of the Authority. Until such regulations are issued, withdrawal shall be made as determined by the Board.

c. The Authority shall benefit from all national grants and loans and shall accept grants and acquire loans from foreign governments, international organizations, agencies, and corporations subject to the approval of the Cabinet of Ministers.

d. The Authority shall have the right to invest its surplus funds, and the Board shall determine, with the approval of the Cabinet of Ministers, the ways and means of such investment. The Authority shall have the right to provide loans to Finance private projects and works which are closely related and are complementary to the projects and works of the Authority, and whose implementation assists in the achievement of its objectives and of the objectives sought from its projects.

e. The Authority funds are considered Amerie funds and shall be collected according to the Amerie Funds Collecting Act in effect. Consequently the Authority is entitled to act as an administrative governor and as the Amerie funds collecting committee stipulated in the above act.

f. The Authority shall have privileged rights in all its debts and all its demands over the movable and immovable properties of the debtor and his guarantors, whenever or not these have been mortgaged or not.

g. No member of the Board or any employee of the Authority Is permitted to benefit financially from any of the Authority's projects or any projects or source related to it. He is not permitted to work on such projects or benefit financially from them in any way except for his earnings as salaries from the Authority or other remunerations within the limits specified explicitly in this Law or any regulations issued in accordance with its provisions.

Article 18

a. The waters acquired by means of projects constructed by the Authority and which were not used or exploited for irrigation purposes in any area prior to the declaration of a water settlement in accordance with the land and water settlement law in effect, shall be considered Government property. Such waters may be sold, leased, or otherwise disposed of in a way as may be decided by the Board.

8

b. The Authority shall implement its responsibilities concerning the allocation and usage of surface and ground water, which are developed under its supervision, according to the basis, set by the Cabinet of Ministers upon the recommendation from the Board.

c. When the Authority constructs an irrigation project, it shall first consider the rights to water registered in the Water Register, and any excess water shall be considered Government property.

Article 19

All minerals within the Valley, whether on the surface or under ground or in waters, shall be considered Government property. No party is allowed to issue permits to search or explore, or certificates of discovery, or licenses to exploit minerals without the consent of the Cabinet of Ministers upon a recommendation from the Board. Mining rights issued prior to the effectiveness of this Law are excluded from the provisions of this Article.

Article 20

a. The Authority shall have its own cadre of employees. The classified employees shall be subject to the provisions of the Civil Pension Law No. 34 of 1959 and any modifications thereof and to the provisions of the Civil Service Law in effect or any substituted law. For unclassified employees and workers, the Authority shall have a special regulation to be issued in accordance with the provisions of this Law prescribing the procedure of their appointment, definition of rights, grades, dismissal, termination of services, compensation and all other administrative matters relating to them. Laws and regulations which were applied to them shall continue to be in effect until they are modified or substituted and until the provisions of the Civil Service Law of 1988 or any substituted Law are applied.

b. The Prime Minister, upon the recommendation of the Minister shall have the power to call on any employee from any ministry, council, department or official corporation to work for the Authority for the period specified in the order issued in this connection. The services of such classified employees shall be applicable to the pension plan. During the period of his assignment, the employee is subject to the Authority regulations issued in accordance with the provisions of this Law.

c. The Authority may keep the necessary employees of the JVC, JRTRC, NRA and WSC who were working in the Jordan Valley at the time this Law goes into effect. Their acquired rights in accordance with the laws and regulations which were applied to them shall be preserved as well as the rights of compensation, rewards and other rights of those whose services shall be terminated.

Article 21

The Authority, with the approval of the Cabinet of Ministers, has the right within the Jordan Valley or in the basins of the Jordan River Tributaries to the expropriation and immediate acquisition of lands, water shares or both as necessary for its projects, and any other benefits pertinent to land or water, either by absolute expropriation against compensation or by lease for any period it deems appropriate. The Authority shall have the right to specify the rent for any period or periods it may deem necessary. In execution thereof, the following arrangements shall be followed in estimating the values or rent of lands and waters and the structures thereon that are decided to be acquired.

a. Values of land or water shares or both or any other benefits related there to or rent values shall be evaluated by a committee or committees called "Land Evaluation Committee", which shall be composed of a high ranking Government employee as Chairman, and two other experienced members appointed by the Cabinet of Ministers at the recommendation of the Minister. The Authority may issue regulations, by which the committee or committees shall abide for evaluating lands, trees, waters, and any movable or immovable properties.

9

b. Any such committee shall inspect and estimate values of the acquired lands and the value of what lies upon, or water shares and determine their values regardless of any rise in land prices resulting from the construction of any section or stage of any project implemented or under implementation or being planned, and for such evaluation the committee may consider the opinion of any person or committee to decide the value of lands and shall then issue evaluation decisions by majority.

c. The chairman of the Evaluation Committee shall publish in more than one local newspaper for two successive days and shall display for 15 days in a visible place in the City or village in which the acquired lands and water shares are located. One copy of such decisions shall be handed over to the Secretary General and another to the Mukhtar of the village or the Mayor of the municipality. Any holder or beneficiary has the right to contest the decisions of the committee concerning the evaluation, within fifteen 15 days from the date of expiry of the announcement. If no objection to the evaluation is made, the evaluation shall be considered final. All cases of differences in the estimated values of trees, seasonal crops and structures during the period failing between the first estimate and the time of handing over the farm units or housing plots to the new owners, shall be referred to the Minister. The Minister shall form a committee or committees for this purpose, and the Minister's decision shall be considered binding to all concerned.

d. Objections shall be submitted to an Appeals Committee composed of a judge as chairman, who shall be delegated by the Judicial Council and whose grade shall not be lower than that of president of the Court of Appeals, and two other members appointed by the Cabinet of Ministers upon the recommendation of the Minister.

e. The Appeals Committee, if it deems appropriate, shall have the right, upon scrutinizing any objection submitted to it, to go and inspect the site of the lands or water shares, the evaluation of which was objected to. It may also seek the opinion of any person whose experience the committee considers to be of benefit and examine any documents for the purpose of determining the actual values of lands, water shares and other rights, provided that any rise in prices resulting from the construction of any section or stage of any project implemented or under implementation or being planned, shall not be taken into account. It shall issue the necessary decision, which shall be final whether it was taken unanimously or by majority vote.

f. The objector, on submitting his objection, shall deposit as security the sum of JD 15 with the district accountant for each tract the evaluation of which has been objected to. If the objection is rejected, the deposit shall be considered as revenue to the Treasury. If it appears that the objection is rightful, the amount of deposit shall be refunded to him. Non-payment of the deposit shall constitute a reason to reject the objection.

g. The final values assessed for lands, water shares or any other rights acquired shall be considered as fixed capital values of the Authority’s project and such values shall be registered in special records at the Authority yet shall be considered binding against all concerned persons, provided that the Authority compensate the owner or the holder within five years from the date of confiscation, otherwise the Authority shall reassess by either providing him with a farming unit or more according to the incident, or by compensating him financially if his land area was less than 10 dunums, taking into consideration the value of any structures built at the farm or improvements accomplished.

h. All debts, taxes, fees, the Amerie Funds and costs of any section or stage of any project undertaken by the Government, and other debts due on any land being expropriated before or after this Law comes into effect shall be deducted from the capital value of the debtor's or holder's lands and shall be paid by the Authority to the creditor in installments during a period not exceeding ten (10) years at 6% interest. If the amount of debt exceeds that of the capital value, then the creditor may claim the difference from the debtor.

i. No compensation shall be paid to the holder of the land for any improvement made after the date on which an expropriation decision was announced in two local newspapers.

10

j. The General Manager of the Lands and Survey Department shall, upon receiving a notice from the Authority, prepare cadastral maps for the expropriated areas showing the boundaries of farm units, roads, distribution systems of both irrigation and drainage, also housing plots, streets, buildings, parks and all private and public facilities as determined by the Authority. He shall cancel all previous registration records and issue new title deeds in the names of former landowners to who farm units or housing plots have been allotted. These are exempted from fees and stamps and he shall issue title deeds exempt from taxes and stamps in the name of the Authority for all remaining units which have been acquired in accordance with the provisions of this Law provided that this is completed within a period not exceeding three years. The Authority shall be exempted from all fees on land registration transactions listed in the Annex attached to the Land Registration Law No. 26 for the year 1958 or any subsequent amendment. It shall also be exempted from revenue stamps that are affixed on such transactions. It shall also be exempted from objection fees and any other fees.

k. The Authority upon a decision of the board shall have the right to suspend all land registration transactions of the expropriated and immediately acquired lands except those transferred through inheritance until all new registration deeds have been issued in accordance to paragraph (j) of this Article.

Article 22

a. The Authority, shall upon a decision from the Board and according to the recommendation of the Secretary General, divide into farm units irrigable lands expropriated for purposes of reclamation and exploitation through agriculture, the minimum size of a unit shall be 25 Dunums and the maximum size shall be 50 Dunums under no circumstances may any unit be divided or parceled into units the size of which is less than the minimum fixed in this paragraph, provided that the provisions of this article are not applicable to divisions done prior to the effectiveness of this law.

b. The Authority, by a decision from the Council of Ministers upon a recommendation from the Board and after reviewing the recommendations of the Farmers Selection Committee, should allot agricultural units according to the following, provided that the provisions of this article are not applicable to allotment decisions taken before the effectiveness of this law:

1. The total land area of each farmer falling within the agricultural projects shall be allotted to the farmer after deducing an area not exceeding (15%) for services.

2. It is possible to allocate one farm unit (only once) to the farmer that works in agriculture in the valley owns no land in it, provided that the Authority have such units. Basis for such allotments will be defined in a regulation issued for that purpose.

c. The Authority may, upon a decision from the Cabinet of Ministers and upon recommendation from the Board and after reviewing the recommendations of the Farmers Selection Committee, allot or leased to the holder who is tilling a land with an area of less than (25) Dunums, an additional area to make the land equal to the minimum area set for that unit. d. For the purpose of organizing farm units to conform with the distribution networks and to avoid establishment of small units or units of irregular shape or in difficult technical cases, the Board may not adhere to the area limits prescribed in paragraph (a) of this Article. e.

1. If a farm unit is allotted to more than one person and it was not possible to exploit it due to misunderstanding among partners, the Authority may re-divide the unit among partners provided that none of the resulting units will be less than the minimum area defined under this Law

2. If it was not possible to re-divide the unit according to (1) above, the Authority may repossess the unit against a fair compensation to the partners assessed upon the actual value, and the Authority may re-allot this unit.

11

f. In case of the death of a holder or lessor, his rights in the farm unit shall revert to his heirs provided that the area of any unit, when parceled, shall not thereby be reduced to less than the minimum limit provided for under this Article. g. The holder who has a unit or more registered to his name according to the provisions of this Law, may lease the unit or areas which he doesn’t wish to utilize by himself to any other lesser for a period of not less than one year and not more than thirty years renewable for any other period or periods they deem appropriate, provided that the purpose of the rental is to utilize the unit for agriculture. The rent contract shall not be considered legal evidence unless it is registered at the Authority and the Authority is paid a registration fee equivalent to five Jordanian Dinars for each year of the contract period. h. The Authority, by a decision from the Cabinet of Ministers and recommendation from the Board, may lease to any renter any units registered in it’s name for a period not exceeding thirty years and to renew the rent contract for the same period or to any period agreed among the two parties provided that the purpose of the rental is to utilize the unit for agriculture, and the Authority may terminate the contract if it discovers that the lesser is not utilizing the unit according to the contract. The termination of the contract will take place thirty days after sending the lesser a written notice notifying him that he should comply with the terms of the contract should fail to lose the Authority may get the unit back. i. The holder may sell the unit or his shares in it to any Jordanian person who holds a national identification number in accordance with the effective laws and regulations provided that (the seller) have paid the Authority all his due rights and receive a certificate indicating so from the Authority, provided that the area registered in the name of any person should not be more than 250 Dunums. j. Persons whose names are registered in one registration deed have no right to divide the farm unit into smaller divisions for the purpose of exploitation of such division(s) by one or some of them, separately from the rest of the unit and from the other holders of the unit. k. The Authority has the right to take all necessary measures to implement the irrigation networks in the Valley and improve their facilities and protect them whether inside or outside the planning boundaries of municipalities and villages. l. It is not possible to implement mandatory sale on any of the agricultural units covered by this Law against a loan or mortgage or any legal deposit made prior to this Law noticing that ten years after the effectiveness of this law abovementioned should be considered void.

Article 23

a. The Authority with a decision of the Board and upon recommendation from the secretary General, and with the approval of the supreme planning council, can re-divide the expropriated lands which fall outside the planning boundary of municipalities and villages in the Valley, and develop and improve these lands with the purpose of allocating them for housing purposes provided that such lands are not allocated for farming units according to the land use plans approved by the Board. b.

1. A housing plot or more than one unit will be allocated to persons whose lands are expropriated according to Paragraph A of this Article, with an area equal to the total area expropriated, after deducting 25% of the total area for the provision of services. The provisions of this Paragraph do not apply to the allocations that took place before the effect of this Law without violating the right for compensation according to the procedures listed in this Law.

2. The Cabinet of Ministers may allocate housing plots from the government lands to Jordanian citizens who are residing in the Valley and do not have any land within the areas zoned for housing, these allocations should not exceed 1500 squares meters and in accordance with the requirements of the number of their family members, according to the basis set by the Cabinet of Ministers including the way by which the prices of these units shall be paid.

12

3. The Cabinet of Ministers, according to a recommendation from the Board, may allocate housing plots from the government lands which are confiscated and within the housing zone provided that the area of each unit will not exceed (1500) square meters, and sell these lands in an open auction to Jordanian citizens who wish to reside in the Valley.

4. The Council may and for planning purposes approve the implementation of housing projects outside the farm units for the owner of lands falling outside municipal boundaries.

Article 24

a. The Minister shall appoint a committee or committees called "Farmers selection Committee". Each committee shall be composed of an Authority employee as Chairman and two other members, one of whom is a farmer with experience in the region or town or village where farm units or housing plots are to be allocated. The committee shall assist the holders in selecting the farm units or housing plots that the Authority may allocate to them in accordance with this Law, and shall select the farmers for farm units and the persons desiring to settle in housing plots. The decisions of the farmers selection committees shall be unanimous or by majority and shall be submitted to the Board for decisions. The Board's decision in this regard shall be final. The publishing of an announcement in two local daily newspapers to call person(s) to appear before the farmers selection committee shall be considered full legal notice. The Board also has the right in case an error appeared in the allocation of farm units or housing plots, or if the public interest so requires, reconsidering, substitute or modify the allocation provided that the Board's decision concerning allocation of farm units shall be ratified by a decision of the Cabinet of Ministers. b. In all cases of allocation, whenever possible, the holder has priority to the farm unit or housing plot 20% of whose area is from his expropriated land. c. The holder whom the Authority may allocate farm units or housing plots in accordance with Articles 22 and 23 of this Law shall select such units or plots that he desires to be allocated to him and shall notify the Authority in writing of his desire within 30 days from the date he received a notice from the Authority in this regard in accordance with paragraph (a) of this Article. d. If the holder did not select his desired farm units or housing plots by a written application to the Authority within the time period specified in paragraph (c) of this Article, the farmer selection committee has the right to allocate to him units or plots it sees fit or to refrain from allocating units and plots to him as specified in Article 22 and 23 of this Law. The committee's decision shall be final and binding to all concerned parties if approved by the Board. The Board also has the right, if the holder did not apply within the time period specified in paragraph (c) of this Article, not to abide by the requirements of paragraph (b) of this Article. It can also take whatever it sees as suitable actions with respect to allocation or otherwise and all decision taken before the effectiveness of this Law are considered correct and final. e. If it became evident to the Authority that any of the holders whose land has been expropriated for the purpose of irrigated agricultural development had registered in the name of his wife and his children ineligible under the holder's expression defined in Article 2 of this Law before year has passed since its effective date, the Authority has the right to consider the wife and children as members of the head of the household, and the collective total area of their ownership is considered as tough it is owned by the head of the household. They shall collectively be allocated farm units in the amount allowed by this Law considering all of them as one farming subject to the holder's expression defined in Article (2) of this law. f. If an expropriated land came to be owned by individuals by means of inheritance, and is still in their collective ownership, such land shall divided among them and the provisions of this law in connection with the allocation shall apply to each of them as a holder. g. The value of a farm unit and the housing unit which are allocated to the holder shall be deducted from the capital value of his lands registered in the Authority's records according to paragraph F in Article (21) of this Law, and if the value of the allocated units exceeds the capital value, the holder

13

shall pay to the Authority the amount equivalent to the difference, in accordance to regulations issued by the Board In this regard. h. The Authority shall pay to the holder the remainder amount due to him on account of the capital value of his lands that are registered in the Authority records in accordance with paragraph (g) of Article 21 of this Law, and it shall pay to the holder to whom no farm units or housing plots have been allocated the capital value of his land either by one installment or by a number of installments not exceeding ten annual installments as decided by the Board and with an annual interest rate of 4 percent on the unpaid balance. The commencement date for payment of these installments shall be fixed by the Board of the Authority. i. The farmers selection committee shall select the farming family to settle in the farm units provided that the priority of selection shall be as follows: In first priority:

1. To holders residing in the Kingdom who operate their lands by themselves, for areas that were irrigated at the time of expropriation.

2. To holders residing in the Kingdom, for un-irrigated lands. In second priority:

1. To Holders residing in the Kingdom who exploit their lands through leasing or sharecropping.

2. Lessee or Lessees of land in accordance with a legal contract with a duration exceeding fifteen continuous years.

In third priority: To farmers residing in the Jordan Valley. In forth priority: To professional farmers who are not from the Jordan Valley population. In fifth priority: To holders residing outside the Kingdom.

j. The Board shall set all necessary regulations to control the use of water in farm units in the Valley, including basis for distribution units supply and cut of supply , and fix the maximum quantities to delivered in accordance with water availability and the nature of the crops planted in the unit, provided that these regulations shall include control procedures required for their enforcement noticing that water prices shall be defined upon a decision from the Cabinet of Ministers according recommendation from the Board. k. The Authority upon a decision from the Board has the right to consider as expropriated for the purposes of reclamation and use for irrigated agriculture any arable land suitable for irrigated agriculture or exploited by irrigated agriculture and included in town and village development or for irrigated agriculture. Accordingly, these lands and their holders are subject to those provisions of this law that deal with lands expropriated by the Authority for purpose of reclamation and use for irrigated agriculture with the exception of the provisions of paragraph (b) of Article 24 of this Law. The holding rights of these lands are automatically transferred to the Authority.

Article 25

Decision taken before the effectiveness of this Law by the Natural Resources Authority, the Jordan Valley Commission and the Jordan River Tributaries Regional Corporation shall be considered as if they are decisions taken in accordance with this Law.

14

Article 26

The Authority has the right, according to a decision from the Council of Ministers upon recommendation from the Board, to allocate, sell or lease a farm unit or housing plots or any other land to any government agency or government corporation.

Article 27

a. 1. The Authority, upon a decision from the Board and approval of the Cabinet of Ministers

may allocate other lands, either selling or leasing them for the purpose of projects that fall within its specialization, provided that the rights of the original owners are mentioned by registering these lands to their names or paying them a fair compensation in accordance with the provisions of this Law.

2. As for the lands which do not fall within the requirements of development in the area of it's jurisdiction, the Authority will have to return these lands to their original owners according to a decision from the Council of Ministers upon recommendation from the Board within three years from the effectiveness of this Law according to a comprehensive land use plan, and they will have the right of utilizing it in accordance with the effective laws and regulations.

b. Taxes on farm units shall be paid by holders and sub-lessees in accordance with the effective laws in connection thereto. Taxes on housing plots and other lands shall be paid by holders.

Article 28

The Authority has the right to recover from holders and sub-lessees in case of irrigation projects and from beneficiaries and subscribers in connection with the other projects, all or part of the capital costs and the operation and maintenance costs that are spent on its projects in accordance with the regulations that the Authority will request to be issued for this purpose.

Article 29

Decisions and notices to be served by the Authority to concerned parties are served through local newspapers. Each decision or notice published for three consecutive days in more than one local newspaper is considered a decision or a notice legally served to concerned parties.

Article 30

Any person authorized in accordance with this Law or the regulations issued under it to investigate and gather information or for any other operation may enter any land provided that a fair compensation must be paid to the holder for any damage caused by that person during the performance of his task.

Article 31

a. In light of any further punishments stated in the (Criminal Law ), each person purposely damaging or sabotages any project of the Authority, will be punished by imprisonment for a period not less than three months and not exceeding one year, or may be fined of not less than JD200 and not exceeding one thousand JD1000. b. Every person who, without permission of the Authority, takes or arranges to obtain or benefit from any of the Valley's water resources other than his rightful share as evidenced by a water title deed legally recorded in the Water Register shall be punished by imprisonment for a period not less than one

15

month and not exceeding one year or may be fined not less than JD200 and not exceeding JD100. Moreover, the court must order the removal at the expense of the convicted person of any arrangements or, works by which the offense was committed. c. Every person who commits any of the following acts in light of any punishments stated in the (Criminal Law) shall be sentenced imprisonment for a period not exceeding three months or a fined not less than JD50 and not exceeding JD250. The person convicted shall pay, in addition to that, all or part of the cost incurred to repair the damage caused to the Authority's projects or any part thereof:

1. Causes by his negligence or carelessness a damage, change or obstruction to any project in any way.

2. Causes by his negligence or carelessness the flow of water to be interrupted resulting thereby in damages to roads, buildings, projects or property of any kind owned by the Authority or privately owned by individuals, societies or public organizations in the Valley.

3. Damages, harms, spoils, or removes any sign, device or water gauge installed by the Authority or for its purposes.

4. Prevents from doing his job any of the Authority employees or any of the persons who perform tasks for the Authority.

5. Contradicts any provisions of any announcement published by the Authority in the Official Gazette preventing or organizing the passage of animals or carts across any part of its projects.

6. Violating any of other provision of this law regulations or instructions issued accordingly. d. Area directors and zoning engineers from the Authority staff who are authorized by the Minister or the Secretary General as required by the situation, shall have the capacity status of law enforcement in relation to the abduction of crimes committed in contrary to the provisions of this law, and the Secretary General may take decisions to abolish violations and assaults falling at lands or waters or structures which fall within the Authority's jurisdiction by administrative means, yet he can if necessary seek the assistance of the police force for this purpose, he can also, through the concerned court which looks into cases of violation, this Law being urgency cases, reimburse the violator or aggressor with the expenditures beard by the Authority to remedy the harm and restore the situation to its original.

Article 32

No ministry or government or semi-government agency is allowed to perform any construction activities in the Valley without permission from the Authority except works of operation and maintenance.

Article 33

It is forbidden after the enforcement of this law to construct any buildings or constructions in the valley, whatever their nature may be, unless a license is obtained for that purpose in accordance with the following:

a. The license for construction is issued by the Authority for land falling outside the zoning area with the need to abide with the zoning plans adopted by the Board and with the fees assigned for the areas outside the municipal boundaries. b. The license for construction is issued by the concerned Municipality for areas within the zoning boundaries in accordance to the approved zoning plans and the regulation for Building and Planning for Towns and Villages implemented in these areas.

16

Article 34

An owner of a building or structure built in the Valley in Violation of Article 33 of this Law shall be sentenced to imprisonment for a period not less than one month and not exceeding three months or a fine of not less than one hundred JD and not exceeding five hundred JD or both penalties, the same penalty will also apply to the person who supervised the construction and its contractor.

Article 35

If it is not possible to identify the violater of Article 31 above, this violation shall be considered a crime within the meaning intended in the Unified Common Punishment Law whose provisions shall be applied to the violation considering the Minister the offended person in that crime despite any actions that can be taken in accordance with Article 31 above. And if any water has been illegally diverted and was used in violation of the provisions of this Law to benefit any land, the Secretary General may assess the value of this benefit and may reduce the quantity of water that this land is entitled to by virtue of the Water Register by an amount he views as equal to the benefit illegally obtained.

Article 36

a. The Authority has to submit to the Cabinet of Ministers the following reports and data: b. A report on the works of the Authority for the pervious fiscal year and their total costs including administration costs, planning and organizational costs and any other similar costs. c. A report on the projects totally or partially executed during the previous fiscal year and their, costs. d. An annual report including the accounting audit report as prepared by a private accounting organization or the report of the Audit Bureau on the previous fiscal year including all assets. e. A report on planning works and the projects included therein during the previous fiscal year. f. Any other reports or data as may be requested by the Cabinet of Ministers.

Article 37

The Authority may fix the amount of awards to be given to chairman and members of committees mentioned in this Law.

Article 38

a. 1. It is not allowed for anybody to pollute the Valley waters or cause its pollution by

bringing into the Valley any material from any source if this material is considered in a declaration issued by the Secretary General as polluting material, unless he is permitted in writing by the Secretary General to bring it into the Valley this permission should include the conditions of usage and storage of such material which the licensee will have to abide with.

2. For the purpose of sub paragraph (1) of this paragraph the Authority will implement the periodical Biological, Chemical and Physical laboratory tests and will follow them up with the concerned authorities and pursue the polluter criminally.

b. In light of any further penalty stated in any other law any person who violates the provisions of this law will be punished by imprisonment for a period not less than a month and not exceeding three months or a fine of not less than fifty JD and not exceeding one thousand or both penalties and the court should rule the removal of items which have been brought or thrown into or used in the Valley in

17

a violating manner (to the administrative procedures accordance to paragraph D of Article (31) of this law. c. The Authority in order to avoid any harm caused by violating the provisions of Paragraph (A) of this article shall cut up supplying water to the unit in which the polluting material has been thrown to or used in until the violator removes any such materials or treat or seas them from functioning at his own expenditure and in a manner acceptable to the Authority without having the right to claim for compensation.

Article 39

This Law does not cancel any international agreements or agreements of international character in effect before the effectiveness of this Law.

Article 40

a. The following should be repealed: 1. The Jordan Valley Commission Law No. 2 for the year 1973. 2. The Jordan River Tributaries Regional Corporation Law No. 11 for the year 1965. 3. The Natural Resources Authority Law No. 12 for the year 1968, in connection with the

Jordan Valley. 4. The Water Supply Corporation Law No. 56 for the year 1973, in connection with the

Jordan Valley, and the amendments to the above laws. All regulations issued under the above laws shall remain effective until replaced by regulations issued in accordance with this Law.

b. This Law shall cancel the provisions of any other law to the extent it contradicts the provisions of this Law.

Article 41

The cabinet of mi9nisters shall issue the necessary regulations to execute the provisions of this Law.

Article 42

The Prime Minister and the Ministers are responsible for the implementation of the provisions of this Law